Green v The Owners - Strata Plan 16846 - [2025] NSWLEC 1522

Land and Environment Court

New South Wales

Medium Neutral Citation: Green v The Owners – Strata Plan 16846 [2025] NSWLEC 1522
Hearing dates: 25 June 2025
Date of orders: 25 June 2025
Decision date: 25 June 2025
Jurisdiction: Class 2
Before: Galwey AC
Decision:
The Court orders:
(1)   The application is granted to the extent of the following orders.
(2)   The respondents are to engage and pay for a suitably insured and qualified (minimum AQF level 3) arborist to prune the tree in August every three years, beginning in August 2025, as follows:
(a)   Remove any deadwood greater than 25 mm in diameter over the applicants’ property.
(b)   Remove branches that are less than 200 mm in diameter and are directly within one metre of the applicants’ dwelling’s wall or roof by pruning them back to their branch collars or by reducing them to a suitable lateral branch as appropriate.
(3)   The works in Order (2) must be done in accordance with AS 4373:2007 ‘Pruning of amenity trees’ and the Safe Work Australia (2016) ‘Guide to managing risks of tree trimming and removal work’.
(4)   The respondents are to give the applicants 7 days’ notice of each occurrence of the works in Order (2).
(5)   The applicants are to allow all access required for completion of each occurrence of the works in Order (2) during reasonable hours of the day.
(6)   The exhibits are returned, other than Exhibit A.

Catchwords:
TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – neighbouring tree – risk of damage – orders for regular pruning

Legislation Cited:
Trees (Disputes Between Neighbours) Act 2006, ss 6, 7, 9, 10, 12

Cases Cited:
Barker v Kyriakides [2007] NSWLEC 292
Green v The Owners – Strata Plan No 16846 [2019] NSWLEC 1500
Hinde v Anderson [2009] NSWLEC 1148

Texts Cited:
Australian Standard, AS 4373:2007 ‘Pruning of amenity trees’ (March 2007)
Safe Work Australia, ‘Guide to managing risks of tree trimming and removal work’ (July 2016)

Category: Principal judgment
Parties: Belinda Jean Green (First Applicant)
Jamie Adam Green (Second Applicant)
The Owners – Strata Plan 16846 (Respondent)
Representation: Counsel:
B Green (Self-represented) (First Applicant)
J Green (Self-represented) (Second Applicant)
M Sardelich (Agent) (Respondent)

File Number(s): 2025/107411
Publication restriction: Nil

Judgment

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

Background

COMMISSIONER: Belinda and Jamie Green have applied to the Court for orders relating to a neighbouring tree belonging to The Owners – Strata Plan 16846. They seek the tree’s removal or, in the alternative, orders for regular maintenance of the tree, with the respondents to bear the costs of all works.
The Greens made a similar application in 2019. I gave orders in those proceedings for the respondents to prune the tree: see Green v The Owners – Strata Plan No 16846 [2019] NSWLEC 1500. The respondents carried out those orders.
The hearing took place onsite, allowing me to observe the tree, the applicants’ dwelling and both properties. The…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2025] NSWLEC 1522
Decision Date: 25 June 2025

CaseChat Overview and Summary

In the Supreme Court of Queensland, Green initiated proceedings against The Owners - Strata Plan 16846 over issues concerning a tree adjacent to the applicants' property. The central dispute was the maintenance and pruning of the tree, which had caused damage and inconvenience to the applicants. The applicants sought orders for the regular pruning of the tree to prevent future damage, and to mitigate ongoing issues with the tree.

The court was required to determine whether the respondents, as the owners of the strata plan, had a duty to ensure the tree was properly maintained and whether the applicants' concerns warranted the specific orders sought. The central issue was whether the court should intervene to mandate regular pruning of the tree under specific conditions, given the potential for damage to the applicants' property and the potential safety risks associated with the tree.

In determining the matter, the court considered the evidence presented by both parties and the statutory obligations under relevant codes and guidelines. The court held that the tree posed a significant risk to the applicants' property and that the respondents had a duty to ensure the tree was maintained in a manner that prevented such risks. The court concluded that the specific pruning requirements proposed by the applicants were reasonable and necessary to mitigate these risks. Consequently, the court granted the application in part, ordering the respondents to engage a qualified arborist to prune the tree in August every three years, in accordance with the specified standards and guidelines.

The orders included requirements for the respondents to notify the applicants of the works, allow access to the property for the works, and ensure the works were conducted safely. The exhibits were returned to the parties, except for Exhibit A, which was retained by the court.

Orders

Orders of the court

The Court orders:

(1) The application is granted to the extent of the following orders.

(2) The respondents are to engage and pay for a suitably insured and qualified (minimum AQF level 3) arborist to prune the tree in August every three years, beginning in August 2025, as follows:

(a) Remove any deadwood greater than 25 mm in diameter over the applicants’ property.

(b) Remove branches that are less than 200 mm in diameter and are directly within one metre of the applicants’ dwelling’s wall or roof by pruning them back to their branch collars or by reducing them to a suitable lateral branch as appropriate.

(3) The works in Order (2) must be done in accordance with AS 4373:2007 ‘Pruning of amenity trees’ and the Safe Work Australia (2016) ‘Guide to managing risks of tree trimming and removal work’.

(4) The respondents are to give the applicants 7 days’ notice of each occurrence of the works in Order (2).

(5) The applicants are to allow all access required for completion of each occurrence of the works in Order (2) during reasonable hours of the day.

(6) The exhibits are returned, other than Exhibit A.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	Green v The Owners – Strata Plan 16846 [2025] NSWLEC 1522
Hearing dates:	25 June 2025
Date of orders:	25 June 2025
Decision date:	25 June 2025
Jurisdiction:	Class 2
Before:	Galwey AC
Decision:	The Court orders: (1) The application is granted to the extent of the following orders. (2) The respondents are to engage and pay for a suitably insured and qualified (minimum AQF level 3) arborist to prune the tree in August every three years, beginning in August 2025, as follows: (a) Remove any deadwood greater than 25 mm in diameter over the applicants’ property. (b) Remove branches that are less than 200 mm in diameter and are directly within one metre of the applicants’ dwelling’s wall or roof by pruning them back to their branch collars or by reducing them to a suitable lateral branch as appropriate. (3) The works in Order (2) must be done in accordance with AS 4373:2007 ‘Pruning of amenity trees’ and the Safe Work Australia (2016) ‘Guide to managing risks of tree trimming and removal work’. (4) The respondents are to give the applicants 7 days’ notice of each occurrence of the works in Order (2). (5) The applicants are to allow all access required for completion of each occurrence of the works in Order (2) during reasonable hours of the day. (6) The exhibits are returned, other than Exhibit A.
Catchwords:	TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – neighbouring tree – risk of damage – orders for regular pruning
Legislation Cited:	Trees (Disputes Between Neighbours) Act 2006, ss 6, 7, 9, 10, 12
Cases Cited:	Barker v Kyriakides [2007] NSWLEC 292 Green v The Owners – Strata Plan No 16846 [2019] NSWLEC 1500 Hinde v Anderson [2009] NSWLEC 1148
Texts Cited:	Australian Standard, AS 4373:2007 ‘Pruning of amenity trees’ (March 2007) Safe Work Australia, ‘Guide to managing risks of tree trimming and removal work’ (July 2016)
Category:	Principal judgment
Parties:	Belinda Jean Green (First Applicant) Jamie Adam Green (Second Applicant) The Owners – Strata Plan 16846 (Respondent)
Representation:	Counsel: B Green (Self-represented) (First Applicant) J Green (Self-represented) (Second Applicant) M Sardelich (Agent) (Respondent)
File Number(s):	2025/107411
Publication restriction:	Nil